H4 EAD: What You Need to Know in 2022

H4 Employment Authorization Document

 

The H4 visa is the dependent visas that attaches to the H1B visa. H1B visas are the most common nonimmigrant work visa available to professionals. Some H4 visa holders are eligible for EAD, an Employment Authorization Document.

 

In my practice, H1B families have posed similar questions about the nuances of the H4 EAD. I have collected these most “commonly asked questions” and compiled the answers for you.

 

In this guide, I will explain almost everything you need to know about the H4 EAD. If you have any questions, feel free to email me directly at Michael@AshooriLaw.com. I’m very responsive via email and I would be happy to help you.

 

Introduction:

 

 1. How do I apply and qualify for an H4 EAD?

 

  • Importance of an EAD

 

2. Is premium processing available for H4 EAD?

 

  • An Alternative to Premium Processing: Submit an Expedite Request

 

3. Can you pursue permanent residency as an H4 visa holder?

 

4. What are the chances of getting an H4 EAD revoked?

 

5. Conclusion

 

1. How do I apply and qualify for an H4 EAD?

 

Currently, only the dependent family of H1B beneficiaries with an approved I-140, can apply for EADs. An I-140 is an employment immigrant petition. An I-140 serves as the basis for an employment based green card. An approved I-140 also allows H1B holders and their dependents to work beyond the six-years normally imposed on the visa.

 

H4 status alone does not grant any working privilege. A valid Employment Authorization Document (EAD) is mandatory. This is different form an H1B, principal beneficiary. H1B holders can work with their status alone. They need not apply for an Employment Authorization Document.

 

Qualified H4s can apply for an EAD by submitting an I-765 application. Mail this in along with the necessary fees to USCIS.

 

Importance of an EAD

 

An employer who allows you to work without verifying your documents (such as your social security number and EAD) could be punished. This could come in the form of severe penalties by the Dept. of Labor, IRS, or other government agencies (such as law enforcement). Companies that participate in E-verify may have different requirements. Here, they should have different internal auditing rules and document collection standards. Yet, every employer is encouraged to act as if they will have an I-9 audit tomorrow.

 

Thus, do not jeopardize your immigration status and your employer’s business by not obtaining your EAD. You should have your EAD in hand before moving forward with employment.

 

2. Is premium processing available for H4 EAD?

 

Unfortunately, H4 EADs cannot be premium processed. USCIS rules have recently fluctuated for H1B premium processing availability. Although, this did not extend to H4 benefits. Therefore, as of today, you cannot premium process your H4 EAD.

 

An Alternative to Premium Processing: Submit an Expedite Request

 

Due to the lack of premium processing, consider submitting a USCIS expedite request.

What to do:

 

Step 1: Call USCIS and have your I-797 Receipt Number ready.

 

  • USCIS recommends calling after your I-765 has been pending for at least 75 days. Yet, under exigent circumstances, I have been able to submit this sooner. Be prepared to show the urgency as to why you qualify for an expedited EAD.

 

  • Avoid doing this through the online e-service platform. USCIS’ website will state that your case has not exceeded normal processing time. Therefore, it will bar you from submitting your request.

 

Step 2: Have evidence prepared as to why you are eligible for an expedite.

 

  • Here, the strongest form of evidence is the hardship to your employer. Your employer will need to show they will suffer if you are unable to work.

 

  • Prepare this evidence by submitting your employer’s detailed declaration. The declaration should state the type of work you perform and why it cannot be fulfilled by anyone else.

 

Step 3: After you have submitted your request via phone, prepare a follow up.

 

  • Pending on the merits of your request, USCIS may contact you. Here, they will ask you to submit additional evidence to support your expedited I-765. This is where your employer’s declaration, your statement, and any additional evidence you have, would be sent in.

 

Note that not USCIS will not honor all expedited requests. Nonetheless, communicate frequently with USCIS. Lastly, be prepared to collect strong evidence for your claim. We have seen EAD processing times increase significantly in the last three years. So, the expedite request tool is extremely helpful for our clients.

 

3. Can you pursue permanent residency as an H4 visa holder?

 

Yes, you can pursue permanent residency as an H4 holder.

 

If you qualify for an H4 EAD, your principal H1B holder has an approved I-140. Thus, you are likely on your way to residency anyways. Yet, maybe you would have a more favorable priority date on the visa bulletin. This could be due to your country of chargeability (birth). So, you should still explore obtaining your own I-140 approval.

 

Again, H1B dependents (H4s) are not allowed to obtain work authorization without the approved I-140. An I-140 is the employment-based petition that is filed to support the foreign national’s green card eligibility.

 

Fortunately, this is due to the “dual intent” doctrine. Here, H1B holders and their dependents are statutorily permitted to pursue permanent residency.

 

4. What are the chances of getting an H4 EAD revoked?

 

If you are on your way to adjusting status - the chances are high. In my practice, the most common termination of H4 EADs occurs when my clients apply for a green card. This is done through an adjustment of status (AOS) application. Adjustments of status are pursued through form I-485.

 

When filing your AOS application, you are likely in valid nonimmigrant status. Yet, you abandon your valid H4 EAD status upon submitting an application for an adjustment based EAD. Upon receiving this EAD working pursuant to this category, you abandon your H4 EAD. On form I-765, this AOS based EAD category is called (c)(9). Again, this is reserved for AOS pending applicants. When you begin working based on the (c)(9) authorization and category, your H4 EAD is revoked. While this is authorized pursuant to 8 CFR §274.12(c)(9), it is not consistent with H4 requirements.

 

Keep in mind that there is no mechanism to revert from the lack of valid nonimmigrant status to H4 status without exiting the United States.

 

There is a common misconception that those with pending adjustments are in valid nonimmigrant status. This is false. Simply because an adjustment applicant is authorized to remain in the United States and accept employment while the application is pending, this does not mean they have valid nonimmigrant status. Valid nonimmigrant status is defined by INA §101(a)(15). Here, you will find a list that does not include a pending adjustment application.

 

Those with pending AOS applications are defined as being in a “period of authorized stay.” This status is authorized and granted by the Attorney General. It must be distinguished from nonimmigrant status permitted by the Immigration and Nationality Act. Being in a “period of authorized stay” has similar privileges to valid nonimmigrant status. Yet, they are distinguishable pending on your individualized matter.

 

5. Conclusion

 

Remember, the H4 EAD does not need to be a complicated process. Know that I am happy to break down legal complexities to work with you and your family. If you have any questions in evaluating your case, please feel free to email me directly at Michael@AshooriLaw.com. I’m very responsive via email and I would be happy to help you.

Share this post...

Ashoori Law
4.9
Based on 591 reviews
Jamal Albardwil
1695322620
I was delighted with my experience. Mr. Ehsan Ashoori Was a professional, and free consultation meant free and informative. And he educated me on what to expect and do, the likely outcomes, and how to achieve it. I would highly highly recommend this... immigration law firm to anyone needing an immigration law firm.I wish I could give them 6 stars.100% professionals.read more
Sanjeev Bhalla
1695322329
Ashoori Law is a professional law firm with a great team. We had applied for my daughter's change of status visa and they handled it pretty well and we got the status change without any difficulty. I would strongly recommend them to anyone who... wishes to engage a immigration law firm. They will do a great job as was in our case. I'd like to thank Michael and Sergio as well their entire team for the fantastic work work they did for us.read more
Graem Beddoes
1695304265
Very grateful for the help and guidance in getting our E2
Carolina Marmolejo
1695267069
Very proffessional law firm. My husband & I appreciated their attentive, meticulous and detailed work on our case. They always stayed communicated and responsive to us from beginning to end.
Kaveeta Ramnarine
1695263390
Totally grateful to the Ashoori team for their excellent service. They are very responsive and knowledgeable, they go above and beyond for their clients.Special thank you to Attorneys Rebecca McCarthy and Ehsan Mehri for their continued support in... our process.read more
Shyam Chandrasekharan
1695134280
I wanted to express my heartfelt thanks for your exceptional guidance and expertise in securing my visa extension approval. Your professionalism, attention to detail, and dedication were instrumental in achieving this success. Your support and clear... communication throughout the process were invaluable. I'm deeply grateful for your outstanding work.read more
Malia Hi’ilani
1695090094
Ashoori Law is a very knowledgeable and thorough law firm, with a great team. They gave me confidence in my business plan by providing a free discovery call to see if it was worth pursuing. Very personable and available for all of my questions or... concerns throughout the process. I was granted my E2 change of status successfully. I would highly recommend them for all of your immigration needs.read more
Israt Jahan
1695005054
AshooriLaw is a great choice for our case.they response fast and very helpful.
Beth Jinks
1694583948
Ashoori Law again handled my green card travel document renewal application professionally, and they accurately predicted the processing time. I've tackled similar paperwork alone before, but have now been working with Ashoori for about five years... because they provide peace of mind that everything is handled correctly. Highly recommend.read more
Chris Lejeune
1694554372
At first I was hesitant hiring a lawyer from outside Texas that no one I knew personally dealt with however I am glad I did. These guys are very helpful and friendly. Their knowledge of my case and procedures was outstanding. 5 stars all day long.
Yuvraj Singh
1694452150
I would highly recommend Ashoori law for any kind of immigration services. They are fast, their process is easy and they are professional. I would highly suggest them handle your immigration cases.
Mazen Hanana
1694034589
Thank you for your amazing services as well as for your prompt response to all my queries.Your professional experience was very helpful in submitting, approving and getting my Re-entry permit
Marina
1693967961
Very great! Love, love, love Ashoori Law and his team. They make you feel like family. This is the team that will definitely get the job done. Very friendly and professional!
Nyoka Bandoo
1693967284
Very professional and looks out for your best interest at heart!
arsalan pervez
1693586652
Hello sir u have watsap number
Mohammed
1693507822
My wife & I recently engaged the services of Ashoori Law for Immigration services, and I must say that I am thoroughly impressed with their expertise and professionalism. From the moment I contacted them, they demonstrated a deep understanding of my... case and provided insightful advice that put me at ease. Their legal team, led by Micheal, displayed an exceptional grasp of the intricacies involved in my situation. The Ashoori Law team not only guided me through the entire legal process but also took the time to answer all my questions in a clear and concise manner. Their attention to detail and dedication to my case truly set them apart. I am pleased with the overall outcome and would recommend Ashoori Law for their top-notch legal services.read more
ADAMS GODLEADS
1693336498
Before contacting Michael Ashoori's firm, I had spoken to a few Immigration lawyers, NONE was as patient and responsive as Michael. His firm scheduled a call with an Attorney who turned out to be the most efficient and brilliant lawyer ever.... Stephanie DiPietro was simply amazing. The detail in her notes, cover letter and crisp responses to my plentiful enquires mostly done with a smile was always reassuring. I highly recommend this firm as they are worth much more than they charge.read more
Cheng-Ru
1693283955
I had an exceptional experience with Ashoori Law. I hired Ashoori Law Firm to help with my immigration process. They assigned me a dedicated legal assistant, Jeser, and an attorney, Matthew, to guide me through the process. I am truly grateful for... the responsiveness of Jeser and Matthew. They consistently answered all my questions and helped me prepare all the documents for the application. The team's friendliness and remarkable expertise stand out. I highly recommend Ashoori Law to anyone seeking legal services for immigration.read more
Anas Khan
1693231831
Michael's firm has been very helpful in processing, filing and taking the Re-entry permit to its successful approval. I needed help as I had to travel due to personal emergency for an extended duration and had a lot of questions with no time to... think. They gave us time and clarified all the questions over call, email giving proper directions. Some of the videos on YouTube posted by Michael also helped me figure out that I could reach out to them to take my application forwardThanks to Matthew, Clara, Milena and all the folks who helped.read more
Alyssa Sanders
1693155918
I highly recommend this lawyer for all immigration needs. They were so extremely patient with my situation and my questions, and definitely legitimately cared about the experience had with them. Immigration can be a very difficult and scary... experience and they definitely offered peace of mind. Very Affordable for the quality of services provided. I would definitely use them again in the future and recommend for immigrantion law needsread more
Fauzia Usman
1692904100
Thankyou so much Michael Ashoori and your Immigration Attorney Shruti Bali and all team member to help me process me and my family case of E2 Investor Visa. It took Approx. 10 months from Ontario Canada. I Never visit IN person to this Firm,... everything deal and process online. Ashoori Law serve Great Professional Service. Highly recommend.read more
Sonia Rathour
1692849803
Ashoori Law Firm has the most loyal Representatives and lawyers who really cares about their client. They always available to answer any question you have regarding your case and always give the best advise for your best.I got so lucky to have... immigration case in their Hand.read more
Dinesh Perera
1692302786
I am so glad I chose Ashoori Law for my E2 process. They handled my case professionally from start to finish. My circumstances were somewhat complicated and needed special attention in order to get me across the finish line. I must state that I was... extremely fortunate to have had Shruti as my attorney handling my case. She was always very responsive to all my questions and cleared my doubts in every instance. All documents were very carefully handled by her and checked over and over again prior to submission, which i believe is the key to getting the E2 approved. Thank you Michael, Shruti and the entire team for a professional and successful job done.read more
Next Reviews
js_loader
Michael Ashoori Headshot

Michael Ashoori, Esq.

U.S. Immigration Lawyer

I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.

Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.

Got a question? Send me an email.